ARTICLE
20 November 2024

Parental Alienation And Its Consequences: A Childcare Legal Perspective (19 November 2024)

DL
Duncan Lewis & Co Solicitors

Contributor

Duncan Lewis Solicitors is an award-winning and Times 200 ranked law firm offering expert services in 25 fields, including family law, business immigration, high net divorce, personal injury, commercial litigation, property law, motoring, education and employment.
Parental alienation occurs when one parent deliberately undermines a child's relationship with the other parent, often during custody disputes. This can cause severe emotional harm to the child and legal consequences for the alienating parent.
United Kingdom Family and Matrimonial

Parental alienation occurs where one parent intentionally causes the relationship between a child(ren) and a parent to become estranged or limited. This is typically found following parental and family separation, often occurring when the parties are involved in legal proceedings in relation to disputes regarding child contact and residence.

There are various methods of parental alienation, including but not limited to, preventing contact, speaking negatively about a parent, undermining the shared parental responsibility, and creating harmful false narratives.

In some cases, particularly where domestic abuse and child abuse is involved, parental alienation may be seen as a protective measure. However, contact between both parents is encouraged unless there is clear evidence of harm. It is important to follow court orders and work openly with professions unless there is a genuine risk to the child(ren), in such cases, legal/professional advice should be sought.

The consequences of parental alienation

The emotional and psychological consequences of parental alienation on the child can be vast, causing responses of resentment, fear and hostility towards the parent. There can also be significant long term psychological damage whereby the child(ren) may have trust issues, attachment issues, or struggle to form healthy relationships. Children may feel a heavy burden of feeling like they must pick one parent over the other. Such emotional harm also extends to the estranged parent.

The consequences on legal proceeding

If the family courts find that one parent is alienating another, the court may impose an order that favours the alienated party. Fundamentally, it is the approach of the court to consider the best interests of the child and act in a way which prevents emotional harm.

As a result, the court may order a change of residence or supervised contact. In more serious cases, a parent may be deemed to be in contempt of court, leading to fines or time in prison. Where there is a concern about the effects of parental alienation, the court may require counselling or therapy for the child. In relation to the parent, the court may order that psychological assessments are undertaken to determine parental capacity and suitability.

How to prevent parental alienation

It is important to not talk negatively about the other parent in front of the child or talk about any ongoing legal proceedings. Instead, the parents should use neutral language when referring to the other parent. This avoids the child being aware of any tension and prevents the child from feeling conflicted in relation to loyalty.

It is good practice to encourage a relationship between the child and the other parent. This is particularly important where there is a child arrangements order in place which orders contact with the other parent.

Maintaining good and clear communication is very important to prevent parental alienation. For example, if the child is unable to attend contact due to sickness or a holiday, it is good practice to inform the other parent as soon as possible. Many parents use parenting apps as a method of communication as they help avoid conflict by keeping conversations focused on the child. Ensuring that parental alienation does not occur helps to maintain the well-being of the child and prevents any court proceedings arising.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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